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COMMITTEE AGAINST TORTURE BEGINS REVIEW OF REPORT OF ITALY
04 May 2007
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Committee against Torture
4 May 2007
The Committee against Torture this morning began its consideration of the fourth periodic report of Italy on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Marcella Lucidi, Under-Secretary of State at the Ministry of the Interior of Italy, said the serious dimension of the phenomenon of the flow of foreigners irregularly entering into Italy was an ever-growing concern for the Government. A bill adopted by the Council of Ministers on 24 April 2007 aimed at providing adequate normative tools to regulate the migration phenomenon, to be considered as a structural element of Italian society and not as an emergency one, and promoting integration. Moreover, legislation, which had entered into force in April 2005, established seven territorial commissions for the recognition of refugee status, simplification of the relevant procedures, and the creation of centres for the identification of asylum-seekers. Along those same lines, a directive by the Minister of the Interior, which had entered into force in March 2007, facilitated the taking into care of unaccompanied minors by the National System of Protection for Asylum-Seekers.
Presenting the written replies of Italy to written questions by the Committee, Valentino Simonetti, Minister Plenipotentiary and President of the Inter-Ministerial Committee on Human Rights within the Ministry of Foreign Affairs of Italy, addressed current legislative initiatives to introduce the crime of torture within the Italian penal code. There had been two different classifications of the crime of torture: a bill which classified torture among crimes against moral freedom; and another which aimed at the introduction of the crime of torture within the criminal code, under the category of crimes against the right to life and individual safety.
Serving as Rapporteur for the report of Italy, Committee Expert Nora Sveaass wondered, with regard to complaints about excessive use of force by law-enforcement in riots during 2001, and during other demonstrations surrounding big international conferences and summits, whether any convictions had been handed down. She also wanted to know what remedies and what recourse was there for those who had been subjected to ill-treatment or torture while in detention. In Italy's report it mentioned its contributions to the UN Fund for Victims of Torture, but Italy had failed to detail what concrete actions Italy had taken to compensate and rehabilitate victims of torture.
Fernando Mariño Menendez, the Committee Expert serving as Co-Rapporteur for the report of Italy, expressed concern that neither of the two bills currently before the Italian legislature to criminalize torture effectively covered the crime of torture as set out in the Convention. He was further concerned that, as he understood it, Italy's anti-terrorism legislation allowed for a detainee to be held in custody for a total of 8 days incommunicado – that was, without access to a lawyer. Even in the context of the fight against terrorism, this limitation of a suspect's right to a lawyer appeared excessive.
Other Committee Experts asked questions and made comments on a series of issues, including on measures to prevent child sexual exploitation and violence against women in Italy; extradition procedures; the lack of a definition of torture in Italian penal law; and the apparent impunity for Italian military personnel who had committed serious crimes against Somalis in the context of peacekeeping missions.
Also representing the delegation of Italy were representatives from the Italian Ministry of the Interior, the Ministry of Justice, the Ministry of Defence, the Ministry for Rights and Equal Opportunities, other representatives from the Ministry of Foreign Affairs, and the National Police.
The delegation will return to the Committee at 3 p.m. on Monday, 7 May, to provide its responses to the questions raised today.
Italy is among the 144 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m. this afternoon, it will hear the answers of Luxembourg to questions posed by Experts on 3 May in the morning.
Report of Italy
The fourth periodic report of Italy (CAT/C/67/Add.3) says that Italy's commitment against any form of torture or inhuman and degrading treatment has been demonstrated at the international level through an acceleration in the ratification process for the Optional Protocol to the Convention against Torture by Italy and, within the European Union framework, by bringing the country in line with the provisions set forth in the Guidelines on the Prevention of Torture and other Inhuman and Degrading Treatment. In keeping with the provisions of the Convention, those cases where episodes have occurred that clearly violated human rights and the fundamental freedoms have been notified and prosecuted under the procedures envisaged in the Italian legislative system. Domestically, Italy has been extremely active in promoting the adoption of appropriate legislative instruments to regulate the illegal aspects of migration and the situation in prisons, with particular reference to staff training. Italy is also equipping itself with a specific legislative instrument introducing the crime of torture to the Italian legal system.
Among the changes in the Italian legal system and institutions for the implementation of the Convention, the report examines the problem of the introduction of the crime of torture to the Italian penal system, new legislative provisions regarding foreigners – including the problem of illegal immigration; border surveillance and control measures; temporary stay and assistance centres; the expulsion of aliens; asylum-seekers and refugees; the problem of foreign criminal organizations; trafficking; and the situation in the prisons. Regarding information on situations and individual cases of alleged ill-treatment, it reviews Italy's measures to prevent and investigate behaviour contrary to the principles of the Convention; looks at both collective and individual cases of alleged ill-treatment; and considers incidents involving alleged human rights violations committed by members of the armed forces participating in a multinational peacekeeping operation in Somalia in 1993 and 1994. Annex I to the report contains Ministry of Justice statistics on prisons and prisoners. Annex II contains a survey carried out by the Corps of Carabinieri on cases of complaints of ill-treatment (1994-2002).
Presentation of Report
MARCELLA LUCIDI, Under-Secretary of State at the Ministry of the Interior of Italy, said that, since the examination of the third periodic report of Italy relating to the international Convention against Torture, eight years ago, the rise of the global threat of terrorism had triggered new challenges to guarantee, on the one hand, the security and safety of citizens and, on the other, the full respect of fundamental rights. The maintenance of international peace and security, as well as the prevention and management of crises were priority objectives for Italy. Italy was also firmly engaged in reducing poverty, hunger and under-development, without setting aside the promotion and protection of human rights. Indeed, the protection of human rights was the guiding criterion for the European Union and Italy's domestic policy.
Italy aimed, on the one hand, at ensuring all persons in its national territory the enjoyment of fundamental rights, including welfare, security and protection against any forms of violence and discrimination; and, on the other, at cooperating with the international community in order to allow men, women and children of other less fortunate countries to finally enjoy freedom, democracy and the most basic human rights. In doing so, the principle of non-discrimination was an inspiring principle in Italian legislation, Ms. Lucidi said. Non-discrimination was one of the basic pillars of Italy's constitutional code, and Italy would provide the Committee with examples of the implementation of that principle with regard to different categories of people, such as women, children and groups needing special protection.
The serious dimension of the phenomenon of the flow of foreigners irregularly entering into Italy was an ever-growing concern for the Government, Ms. Lucidi observed. It was with that in mind that the Italian Government was engaged in improving the relevant legislation. A bill adopted by the Council of Ministers on 24 April 2007 aimed at providing adequate normative tools to regulate the migration phenomenon, to be considered as a structural element of Italian society and not as an emergency one, by facilitating within the labour market, the meeting between supply and demand in the job market, and promoting integration. Additionally, through the bill, the system of assisted repatriation of illegal immigrants would be made more effective, while respecting human dignity and human rights.
Within that framework, the adoption of comprehensive legislation on political asylum, as demanded by the United Nations High Commissioner for Refugees and by non-governmental organizations, was under consideration. At present, Italy was translating the relevant European Union directives into its legal system, following the process of political integration provided by the Treaty of Amsterdam in relation to freedom of movement and asylum.
While recognizing the need to adjust their legislation to the changing international reality and, where necessary, to improve it, Ms. Lucidi stressed that the Italian legislative framework and government policies were based upon the principle of integration of foreign citizens in the national-social context and on the recognition of the right of access to housing, medical assistance and education. All workers – Italians and foreigners – had equal rights and equal social benefits in Italy. There was no intolerance towards foreign workers in Italy, and about 3 million foreign men and women were legally residing in Italy.
Illegal migration was not merely the subject of repressive action, Ms. Lucidi wished to point out. Instead, above all, Italian efforts in that regard sought to avoid further suffering and violations against such people. In that connection, the Italian Government was currently enhancing its cooperation with the UN Refugee Agency, the International Organization for Migration and the Italian Red Cross in the rescue activities of illegal immigrants who had landed on Lampedusa island and throughout the country. Legislation, which had entered into force in April 2005, established seven territorial commissions for the recognition of refugee status, simplification of the relevant procedures, and the creation of centres for the identification of asylum-seekers. Along those same lines, a directive by the Minister of the Interior, which had entered into force in March 2007, facilitated the taking into care of unaccompanied minors by the National System of Protection for Asylum-Seekers.
Illegal migration was closely related to trafficking in human beings, trade in organs, prostitution, and informal labour developing into new forms of slavery. Over the past few years, the Italian Government had reinforced measures to prevent the phenomenon of trafficking in human beings, especially trafficking in women and girls for the purposes of prostitution. In addition, Ms. Lucidi said new measures had been introduced, in particular stay permits for all victims of trafficking which provided for their participation in social integration programmes. Special measures had also been introduced to counter sexual tourism, and there had already been some convictions of Italian citizens for acts committed abroad.
Ms. Lucidi highlighted that, within the context of the European Union Year on Equal Opportunities, Italy was giving specific attention to the protection of the human rights of women. Accordingly, it had established a Monitoring Centre on Prostitution and Trafficking in Human Beings within the Ministry of the Interior in order to enhance the system of prevention and protection of domestic exploitation. Moreover, new legislation prohibiting and punishing discrimination against women in the workplace had recently been adopted and draft legislation on domestic violence, including offences such as stalking, was currently under examination by the Parliament.
Over the past few years, particular attention had been paid to measures to prevent and combat all forms of discrimination. In 2000, the Italian Office against Racial Discrimination had been established. Specific attention had been paid to support the integration process of Roma people, both of Italian and foreign origin. Ms. Lucidi expected comprehensive legislation to protect the identity of the Roma people to be promptly passed by the Italian Parliament, and in the coming months an international conference on the situation of the Roma people, with a European dimension, would be convened. Furthermore, racist behaviour was carefully monitored. In January 2004, the Committee against Discrimination and Anti-Semitism had been established to monitor the risk of thee escalation of intolerance, racism or xenophobia.
Oral Replies of Italy to the Written Questions Submitted in Advance by Experts
VALENTINO SIMONETTI, Minister Plenipotentiary and President of the Inter-Ministerial Committee on Human Rights within the Ministry of Foreign Affairs of Italy, addressed current legislative initiatives to introduce the crime of torture within the Italian penal code. There had been two different classifications of the crime of torture: a bill which classified torture among crimes against moral freedom; and another which aimed at the introduction of the crime of torture within the criminal code, under the category of crimes against the right to life and individual safety. Another crucial issue here was the introduction of comprehensive legislation on asylum: seven draft laws had been proposed to date, and all of them were in the initial stage. In the meantime, Italy was working on the introduction of three relevant European Union directives.
Another crucial initiative was a draft act currently before the Senate for examination for the "Establishment of a National Commission for the Promotion and Protection of Human Rights and the Guarantor of Detainees and Persons Deprived of their Personal Freedom". Once that act was ratified, Mr. Simonetti noted, it would pave the way for the ratification of the Optional Protocol to the Convention against Torture.
With regard to torture and excessive use of force by State police, including specific cases, Mr. Simonetti said that Article 13 of the Italian Constitution stipulated that the inviolability of personal liberty might be restricted by the judicial authority only on motivated grounds and only for cases with the modalities provided by law. Moreover, in exceptional cases of urgency, as strictly defined by law, Article 13 provided that the authority for public security could adopt provisional measures to be submitted to judicial authorities for approval, within a peremptory deadline of 96 hours, after which it would lose its effect.
With regard to torture-based cases, Mr. Simonetti recalled that, within the military system a soldier who was considered responsible for an act of torture was to be criminally and disciplinarily prosecuted, regardless of the circumstances under which he or she did so, including the case of compliance with superior orders.
Regarding training for law enforcement officials, there was an increasing acknowledgment of the importance of training activities, including human rights education courses, for the entire category of law and order officials, Mr. Simonetti said. Specifically, further to the 2001 events in Naples and Genoa, a Directive of the Ministry of the Interior had been addressed to the heads of police headquarters in order to make personnel more aware of the correct use of dissuasive procedures, particularly with regard to the use of tear gas and truncheons.
Turning to prison-related issues, Mr. Simonetti noted that the Italian Constitution provided that "punishments may not contradict humanity and must aim at re-educating the convicted". Thus the Italian penitentiary system guaranteed respect of human dignity.
As to illegal migration, including Libya-related issues, that was a matter of growing concern, Mr. Simonetti acknowledged. He emphasized, however, that under Italian law it was prohibited to expel or refoul a foreigner to a country where he or she might be persecuted on grounds of race, sex, language, ethnicity, religion, political opinion, personal or social condition, or where he or she faced the risk of being sent to another State where he or she would not be protected against persecution. It should also be recalled that cooperation between Italy and Libya on migration-related issues was primarily regulated by a bilateral agreement signed in Rome in 2000 on cooperation in the fight against terrorism, organized crime, drug trafficking and illegal immigration.
As to trafficking in human beings, with the aim of combating that dreadful crime, Italy had engaged in and had adopted several measures, including a Legislative Decree and an Act on "measures against trafficking in human beings", in order to combat and properly respond to those organizations running the trade in human beings.
Questions Raised by Committee Experts
FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Co-Rapporteur for the report of Italy, thanked the delegation for their presentation of the recent changes in Italian legislation that had either taken place or were contemplated that had an impact on Italy's obligations under the Convention. Indeed, it appeared that Italy was engaged in a tour de force of legislative reform.
Regarding the adoption of a specific crime of torture in Italian legislation, Mr. Mariño was concerned that neither of the two bills currently before the Italian legislature in that regard effectively covered the crime of torture as set out in the Convention. Another aspect of the problem was that, without a specific crime of torture, statistics on torture could not be gathered.
Also, while gender-based violence was an area that was being looked at in Italian legislation, there were currently no specifically gender-based crimes. Such gender-based crime could be torture, for example, when rape was used as a war crime. In that connection, did Italy consider that the Convention against Torture was applicable during times of war – either during internal or international conflicts, Mr. Mariño asked.
Were there serious investigations when wounds or other signs of trauma were found on the bodies of prisoners, Mr. Mariño asked? What if they had suffered mental torture, and there were no such traces? The adoption of a specific crime of torture would ensure that such crimes were also covered.
Regarding activities to prevent torture, as required by the Convention, Mr. Mariño noted that the presence of a lawyer during the period of detention and interrogation was particularly important as a deterrent for acts of torture. In the anti-terrorism legislation, there was a possibility of detainees being held in custody for a total of eight days incommunicado – that was, without access to a lawyer. Even in the context of the fight against terrorism, this limitation of a suspect's right to a lawyer appeared excessive.
In terms of pre-trial detentions, and limitations on the span of such deprivations of liberty, Mr. Mariño had had information that one suspect had been held in pre-trial detention for six years, and he would appreciate hearing more on that case.
On non-refoulement, Mr. Mariño wished some clarification on the powers of the Border Patrol to refoul asylum-seekers at the borders. A particular case in point had been the large influx of irregular immigrants who had arrived on Lampedusa island, where it appeared that there had been mass deportations, without checking whether the migrants were seeking asylum or not. Similarly, there had been deportations en bloc to Libya of irregular immigrants, without checking their status or following up on what had happened to those individuals following their return.
NORA SVEAASS, the Committee Chairperson serving as Rapporteur for the report of Italy, thanked the delegation for its presentation of the report and the replies to written questions presented today. Indeed, the replies were more easily understood than the report, where it appeared that the text did not always correspond with the headings. She would appreciate some comments from the delegation on the reasons for its format, and whether or not non-governmental organizations had been involved in the drafting process. Also missing was Italy's core report. On a positive note, Italy was to be commended for its efforts to include the specific crime of torture in Italian legislation, for the inclusion of torture in the Military Penal Code, as well as other efforts to comply with the Committee's recommendations.
With regard to human rights training for law-enforcement officers, Ms. Sveaass noted with pleasure the information included in Italy's report in regard to the extent, form, and content of such courses. However, she wondered what follow-up there was to those training programmes and whether there were indicators that the training sessions had had their desired effect.
In particular, she wondered what training was provided to law enforcement staff on the management of crowds, and what training was provided to staff of detention centres for asylum-seekers. The Committee had also requested information on training for medical staff to detect torture and provide rehabilitation measures, and Ms. Sveaass felt that the replies to that issue could bear further elaboration. Also, to what extent was the Istanbul Protocol, a guide to assessment of torture and its effects, used?
Ms. Sveaass noted that Italy had not provided information requested on detainees in general, but had replied only to foreigners who were in detention centres, and not on the detainee population in general. She would appreciate further information on that, as well as on the use of solitary confinement. In that context she noted that, during the first three months of 2003, some 72 individuals had died in police custody in Italy, 23 of whom had committed suicide.
With regard to the use of force by law-enforcement in riots during 2001, and during other demonstrations surrounding big international conferences and summits, as far as Ms. Sveaass could tell, there had been a number of investigations and cases brought, but there had been no sentences handed down; no convictions. What was the status of those cases, and what remedies and what recourse was there for those who had been subjected to ill-treatment or torture while in detention? In Italy's report it mentioned its contributions to the UN Fund for Victims of Torture, but Italy had failed to detail what concrete actions Italy had taken to compensate and rehabilitate victims of torture.
On gender-based violence, Ms. Sveaass noted that Italy had tried its nationals for sexual crimes committed abroad. She wondered if any such crimes had been prosecuted domestically.
Other Committee Experts asked questions and made comments on a series of issues, including on measures to prevent child sexual exploitation and violence against women in Italy; extradition procedures; and the lack of a definition of torture in Italian penal law.
Regarding the proceedings brought against Italian military personnel who had committed serious crimes against Somalis in the context of peacekeeping missions, including torture, an Expert wondered whether there had been independent investigations of those acts carried out in Somalia. The actual sentences handed down were ludicrous, given the seriousness of the actual crimes committed. There appeared to be clear impunity for such serious acts, and it was sending a message to others.
Response by Delegation
Regarding violence against women, the delegation said a law had been adopted punishing the crime of female genital mutilation with a penalty of 4 to 12 years' imprisonment. There had been about 20 cases brought under that legislation by women coming from Togo, Guinea, Somalia and Cameroon.
Concerning medical care and the situation in detention centres for aliens, the delegation stressed that all staff were civilians, and came either from non-governmental organizations or the Red Cross. The police did not have a role inside the centres, but maintained order outside of them. In Lampedusa, all civil society bodies were allowed free access to such centres to provide services to individuals there.
On refoulement, the delegation said it was important first to distinguish between refoulement and expulsion. Expulsion was possible for foreigners trying to enter the country without proper authority, for example, without a passport. Refoulements were possible in cases, for example, where individuals were found to be a threat or dangerous by the security authorities, or for criminals who had entered the country illegally.
The procedures used in Lampedusa were done in full respect for human dignity and human rights, the delegation insisted. The authorities interviewed the clandestine arrivals to try and determine their country of origin and their situation. Unaccompanied minors were entrusted to local families selected by the authorities. For the Lampedusa arrivals any refoulement was decided on an individual basis. As far as Libya was concerned, agreements with Libya provided for the refoulement of Egyptians to Libya so that they could subsequently transit on to Egypt.
Concerning joint flights, those were not "collective expulsions", the delegation explained. A directive on that subject had been issued to allow for that practice.
The delegation noted that there was also the practice of voluntary and assisted repatriation, in which the individual received assistance both to return home, as well as after their return.
Regarding training for police, the delegation said that the State Police received basic training at the beginning of their career, which included 20 to 60 hours of specific human rights training. In addition, refresher courses were mandatory, such as ethics courses for police staff, highlighting the UN Code of Conduct, for example.
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For use of the information media; not an official record
4 May 2007
The Committee against Torture this morning began its consideration of the fourth periodic report of Italy on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Marcella Lucidi, Under-Secretary of State at the Ministry of the Interior of Italy, said the serious dimension of the phenomenon of the flow of foreigners irregularly entering into Italy was an ever-growing concern for the Government. A bill adopted by the Council of Ministers on 24 April 2007 aimed at providing adequate normative tools to regulate the migration phenomenon, to be considered as a structural element of Italian society and not as an emergency one, and promoting integration. Moreover, legislation, which had entered into force in April 2005, established seven territorial commissions for the recognition of refugee status, simplification of the relevant procedures, and the creation of centres for the identification of asylum-seekers. Along those same lines, a directive by the Minister of the Interior, which had entered into force in March 2007, facilitated the taking into care of unaccompanied minors by the National System of Protection for Asylum-Seekers.
Presenting the written replies of Italy to written questions by the Committee, Valentino Simonetti, Minister Plenipotentiary and President of the Inter-Ministerial Committee on Human Rights within the Ministry of Foreign Affairs of Italy, addressed current legislative initiatives to introduce the crime of torture within the Italian penal code. There had been two different classifications of the crime of torture: a bill which classified torture among crimes against moral freedom; and another which aimed at the introduction of the crime of torture within the criminal code, under the category of crimes against the right to life and individual safety.
Serving as Rapporteur for the report of Italy, Committee Expert Nora Sveaass wondered, with regard to complaints about excessive use of force by law-enforcement in riots during 2001, and during other demonstrations surrounding big international conferences and summits, whether any convictions had been handed down. She also wanted to know what remedies and what recourse was there for those who had been subjected to ill-treatment or torture while in detention. In Italy's report it mentioned its contributions to the UN Fund for Victims of Torture, but Italy had failed to detail what concrete actions Italy had taken to compensate and rehabilitate victims of torture.
Fernando Mariño Menendez, the Committee Expert serving as Co-Rapporteur for the report of Italy, expressed concern that neither of the two bills currently before the Italian legislature to criminalize torture effectively covered the crime of torture as set out in the Convention. He was further concerned that, as he understood it, Italy's anti-terrorism legislation allowed for a detainee to be held in custody for a total of 8 days incommunicado – that was, without access to a lawyer. Even in the context of the fight against terrorism, this limitation of a suspect's right to a lawyer appeared excessive.
Other Committee Experts asked questions and made comments on a series of issues, including on measures to prevent child sexual exploitation and violence against women in Italy; extradition procedures; the lack of a definition of torture in Italian penal law; and the apparent impunity for Italian military personnel who had committed serious crimes against Somalis in the context of peacekeeping missions.
Also representing the delegation of Italy were representatives from the Italian Ministry of the Interior, the Ministry of Justice, the Ministry of Defence, the Ministry for Rights and Equal Opportunities, other representatives from the Ministry of Foreign Affairs, and the National Police.
The delegation will return to the Committee at 3 p.m. on Monday, 7 May, to provide its responses to the questions raised today.
Italy is among the 144 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m. this afternoon, it will hear the answers of Luxembourg to questions posed by Experts on 3 May in the morning.
Report of Italy
The fourth periodic report of Italy (CAT/C/67/Add.3) says that Italy's commitment against any form of torture or inhuman and degrading treatment has been demonstrated at the international level through an acceleration in the ratification process for the Optional Protocol to the Convention against Torture by Italy and, within the European Union framework, by bringing the country in line with the provisions set forth in the Guidelines on the Prevention of Torture and other Inhuman and Degrading Treatment. In keeping with the provisions of the Convention, those cases where episodes have occurred that clearly violated human rights and the fundamental freedoms have been notified and prosecuted under the procedures envisaged in the Italian legislative system. Domestically, Italy has been extremely active in promoting the adoption of appropriate legislative instruments to regulate the illegal aspects of migration and the situation in prisons, with particular reference to staff training. Italy is also equipping itself with a specific legislative instrument introducing the crime of torture to the Italian legal system.
Among the changes in the Italian legal system and institutions for the implementation of the Convention, the report examines the problem of the introduction of the crime of torture to the Italian penal system, new legislative provisions regarding foreigners – including the problem of illegal immigration; border surveillance and control measures; temporary stay and assistance centres; the expulsion of aliens; asylum-seekers and refugees; the problem of foreign criminal organizations; trafficking; and the situation in the prisons. Regarding information on situations and individual cases of alleged ill-treatment, it reviews Italy's measures to prevent and investigate behaviour contrary to the principles of the Convention; looks at both collective and individual cases of alleged ill-treatment; and considers incidents involving alleged human rights violations committed by members of the armed forces participating in a multinational peacekeeping operation in Somalia in 1993 and 1994. Annex I to the report contains Ministry of Justice statistics on prisons and prisoners. Annex II contains a survey carried out by the Corps of Carabinieri on cases of complaints of ill-treatment (1994-2002).
Presentation of Report
MARCELLA LUCIDI, Under-Secretary of State at the Ministry of the Interior of Italy, said that, since the examination of the third periodic report of Italy relating to the international Convention against Torture, eight years ago, the rise of the global threat of terrorism had triggered new challenges to guarantee, on the one hand, the security and safety of citizens and, on the other, the full respect of fundamental rights. The maintenance of international peace and security, as well as the prevention and management of crises were priority objectives for Italy. Italy was also firmly engaged in reducing poverty, hunger and under-development, without setting aside the promotion and protection of human rights. Indeed, the protection of human rights was the guiding criterion for the European Union and Italy's domestic policy.
Italy aimed, on the one hand, at ensuring all persons in its national territory the enjoyment of fundamental rights, including welfare, security and protection against any forms of violence and discrimination; and, on the other, at cooperating with the international community in order to allow men, women and children of other less fortunate countries to finally enjoy freedom, democracy and the most basic human rights. In doing so, the principle of non-discrimination was an inspiring principle in Italian legislation, Ms. Lucidi said. Non-discrimination was one of the basic pillars of Italy's constitutional code, and Italy would provide the Committee with examples of the implementation of that principle with regard to different categories of people, such as women, children and groups needing special protection.
The serious dimension of the phenomenon of the flow of foreigners irregularly entering into Italy was an ever-growing concern for the Government, Ms. Lucidi observed. It was with that in mind that the Italian Government was engaged in improving the relevant legislation. A bill adopted by the Council of Ministers on 24 April 2007 aimed at providing adequate normative tools to regulate the migration phenomenon, to be considered as a structural element of Italian society and not as an emergency one, by facilitating within the labour market, the meeting between supply and demand in the job market, and promoting integration. Additionally, through the bill, the system of assisted repatriation of illegal immigrants would be made more effective, while respecting human dignity and human rights.
Within that framework, the adoption of comprehensive legislation on political asylum, as demanded by the United Nations High Commissioner for Refugees and by non-governmental organizations, was under consideration. At present, Italy was translating the relevant European Union directives into its legal system, following the process of political integration provided by the Treaty of Amsterdam in relation to freedom of movement and asylum.
While recognizing the need to adjust their legislation to the changing international reality and, where necessary, to improve it, Ms. Lucidi stressed that the Italian legislative framework and government policies were based upon the principle of integration of foreign citizens in the national-social context and on the recognition of the right of access to housing, medical assistance and education. All workers – Italians and foreigners – had equal rights and equal social benefits in Italy. There was no intolerance towards foreign workers in Italy, and about 3 million foreign men and women were legally residing in Italy.
Illegal migration was not merely the subject of repressive action, Ms. Lucidi wished to point out. Instead, above all, Italian efforts in that regard sought to avoid further suffering and violations against such people. In that connection, the Italian Government was currently enhancing its cooperation with the UN Refugee Agency, the International Organization for Migration and the Italian Red Cross in the rescue activities of illegal immigrants who had landed on Lampedusa island and throughout the country. Legislation, which had entered into force in April 2005, established seven territorial commissions for the recognition of refugee status, simplification of the relevant procedures, and the creation of centres for the identification of asylum-seekers. Along those same lines, a directive by the Minister of the Interior, which had entered into force in March 2007, facilitated the taking into care of unaccompanied minors by the National System of Protection for Asylum-Seekers.
Illegal migration was closely related to trafficking in human beings, trade in organs, prostitution, and informal labour developing into new forms of slavery. Over the past few years, the Italian Government had reinforced measures to prevent the phenomenon of trafficking in human beings, especially trafficking in women and girls for the purposes of prostitution. In addition, Ms. Lucidi said new measures had been introduced, in particular stay permits for all victims of trafficking which provided for their participation in social integration programmes. Special measures had also been introduced to counter sexual tourism, and there had already been some convictions of Italian citizens for acts committed abroad.
Ms. Lucidi highlighted that, within the context of the European Union Year on Equal Opportunities, Italy was giving specific attention to the protection of the human rights of women. Accordingly, it had established a Monitoring Centre on Prostitution and Trafficking in Human Beings within the Ministry of the Interior in order to enhance the system of prevention and protection of domestic exploitation. Moreover, new legislation prohibiting and punishing discrimination against women in the workplace had recently been adopted and draft legislation on domestic violence, including offences such as stalking, was currently under examination by the Parliament.
Over the past few years, particular attention had been paid to measures to prevent and combat all forms of discrimination. In 2000, the Italian Office against Racial Discrimination had been established. Specific attention had been paid to support the integration process of Roma people, both of Italian and foreign origin. Ms. Lucidi expected comprehensive legislation to protect the identity of the Roma people to be promptly passed by the Italian Parliament, and in the coming months an international conference on the situation of the Roma people, with a European dimension, would be convened. Furthermore, racist behaviour was carefully monitored. In January 2004, the Committee against Discrimination and Anti-Semitism had been established to monitor the risk of thee escalation of intolerance, racism or xenophobia.
Oral Replies of Italy to the Written Questions Submitted in Advance by Experts
VALENTINO SIMONETTI, Minister Plenipotentiary and President of the Inter-Ministerial Committee on Human Rights within the Ministry of Foreign Affairs of Italy, addressed current legislative initiatives to introduce the crime of torture within the Italian penal code. There had been two different classifications of the crime of torture: a bill which classified torture among crimes against moral freedom; and another which aimed at the introduction of the crime of torture within the criminal code, under the category of crimes against the right to life and individual safety. Another crucial issue here was the introduction of comprehensive legislation on asylum: seven draft laws had been proposed to date, and all of them were in the initial stage. In the meantime, Italy was working on the introduction of three relevant European Union directives.
Another crucial initiative was a draft act currently before the Senate for examination for the "Establishment of a National Commission for the Promotion and Protection of Human Rights and the Guarantor of Detainees and Persons Deprived of their Personal Freedom". Once that act was ratified, Mr. Simonetti noted, it would pave the way for the ratification of the Optional Protocol to the Convention against Torture.
With regard to torture and excessive use of force by State police, including specific cases, Mr. Simonetti said that Article 13 of the Italian Constitution stipulated that the inviolability of personal liberty might be restricted by the judicial authority only on motivated grounds and only for cases with the modalities provided by law. Moreover, in exceptional cases of urgency, as strictly defined by law, Article 13 provided that the authority for public security could adopt provisional measures to be submitted to judicial authorities for approval, within a peremptory deadline of 96 hours, after which it would lose its effect.
With regard to torture-based cases, Mr. Simonetti recalled that, within the military system a soldier who was considered responsible for an act of torture was to be criminally and disciplinarily prosecuted, regardless of the circumstances under which he or she did so, including the case of compliance with superior orders.
Regarding training for law enforcement officials, there was an increasing acknowledgment of the importance of training activities, including human rights education courses, for the entire category of law and order officials, Mr. Simonetti said. Specifically, further to the 2001 events in Naples and Genoa, a Directive of the Ministry of the Interior had been addressed to the heads of police headquarters in order to make personnel more aware of the correct use of dissuasive procedures, particularly with regard to the use of tear gas and truncheons.
Turning to prison-related issues, Mr. Simonetti noted that the Italian Constitution provided that "punishments may not contradict humanity and must aim at re-educating the convicted". Thus the Italian penitentiary system guaranteed respect of human dignity.
As to illegal migration, including Libya-related issues, that was a matter of growing concern, Mr. Simonetti acknowledged. He emphasized, however, that under Italian law it was prohibited to expel or refoul a foreigner to a country where he or she might be persecuted on grounds of race, sex, language, ethnicity, religion, political opinion, personal or social condition, or where he or she faced the risk of being sent to another State where he or she would not be protected against persecution. It should also be recalled that cooperation between Italy and Libya on migration-related issues was primarily regulated by a bilateral agreement signed in Rome in 2000 on cooperation in the fight against terrorism, organized crime, drug trafficking and illegal immigration.
As to trafficking in human beings, with the aim of combating that dreadful crime, Italy had engaged in and had adopted several measures, including a Legislative Decree and an Act on "measures against trafficking in human beings", in order to combat and properly respond to those organizations running the trade in human beings.
Questions Raised by Committee Experts
FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Co-Rapporteur for the report of Italy, thanked the delegation for their presentation of the recent changes in Italian legislation that had either taken place or were contemplated that had an impact on Italy's obligations under the Convention. Indeed, it appeared that Italy was engaged in a tour de force of legislative reform.
Regarding the adoption of a specific crime of torture in Italian legislation, Mr. Mariño was concerned that neither of the two bills currently before the Italian legislature in that regard effectively covered the crime of torture as set out in the Convention. Another aspect of the problem was that, without a specific crime of torture, statistics on torture could not be gathered.
Also, while gender-based violence was an area that was being looked at in Italian legislation, there were currently no specifically gender-based crimes. Such gender-based crime could be torture, for example, when rape was used as a war crime. In that connection, did Italy consider that the Convention against Torture was applicable during times of war – either during internal or international conflicts, Mr. Mariño asked.
Were there serious investigations when wounds or other signs of trauma were found on the bodies of prisoners, Mr. Mariño asked? What if they had suffered mental torture, and there were no such traces? The adoption of a specific crime of torture would ensure that such crimes were also covered.
Regarding activities to prevent torture, as required by the Convention, Mr. Mariño noted that the presence of a lawyer during the period of detention and interrogation was particularly important as a deterrent for acts of torture. In the anti-terrorism legislation, there was a possibility of detainees being held in custody for a total of eight days incommunicado – that was, without access to a lawyer. Even in the context of the fight against terrorism, this limitation of a suspect's right to a lawyer appeared excessive.
In terms of pre-trial detentions, and limitations on the span of such deprivations of liberty, Mr. Mariño had had information that one suspect had been held in pre-trial detention for six years, and he would appreciate hearing more on that case.
On non-refoulement, Mr. Mariño wished some clarification on the powers of the Border Patrol to refoul asylum-seekers at the borders. A particular case in point had been the large influx of irregular immigrants who had arrived on Lampedusa island, where it appeared that there had been mass deportations, without checking whether the migrants were seeking asylum or not. Similarly, there had been deportations en bloc to Libya of irregular immigrants, without checking their status or following up on what had happened to those individuals following their return.
NORA SVEAASS, the Committee Chairperson serving as Rapporteur for the report of Italy, thanked the delegation for its presentation of the report and the replies to written questions presented today. Indeed, the replies were more easily understood than the report, where it appeared that the text did not always correspond with the headings. She would appreciate some comments from the delegation on the reasons for its format, and whether or not non-governmental organizations had been involved in the drafting process. Also missing was Italy's core report. On a positive note, Italy was to be commended for its efforts to include the specific crime of torture in Italian legislation, for the inclusion of torture in the Military Penal Code, as well as other efforts to comply with the Committee's recommendations.
With regard to human rights training for law-enforcement officers, Ms. Sveaass noted with pleasure the information included in Italy's report in regard to the extent, form, and content of such courses. However, she wondered what follow-up there was to those training programmes and whether there were indicators that the training sessions had had their desired effect.
In particular, she wondered what training was provided to law enforcement staff on the management of crowds, and what training was provided to staff of detention centres for asylum-seekers. The Committee had also requested information on training for medical staff to detect torture and provide rehabilitation measures, and Ms. Sveaass felt that the replies to that issue could bear further elaboration. Also, to what extent was the Istanbul Protocol, a guide to assessment of torture and its effects, used?
Ms. Sveaass noted that Italy had not provided information requested on detainees in general, but had replied only to foreigners who were in detention centres, and not on the detainee population in general. She would appreciate further information on that, as well as on the use of solitary confinement. In that context she noted that, during the first three months of 2003, some 72 individuals had died in police custody in Italy, 23 of whom had committed suicide.
With regard to the use of force by law-enforcement in riots during 2001, and during other demonstrations surrounding big international conferences and summits, as far as Ms. Sveaass could tell, there had been a number of investigations and cases brought, but there had been no sentences handed down; no convictions. What was the status of those cases, and what remedies and what recourse was there for those who had been subjected to ill-treatment or torture while in detention? In Italy's report it mentioned its contributions to the UN Fund for Victims of Torture, but Italy had failed to detail what concrete actions Italy had taken to compensate and rehabilitate victims of torture.
On gender-based violence, Ms. Sveaass noted that Italy had tried its nationals for sexual crimes committed abroad. She wondered if any such crimes had been prosecuted domestically.
Other Committee Experts asked questions and made comments on a series of issues, including on measures to prevent child sexual exploitation and violence against women in Italy; extradition procedures; and the lack of a definition of torture in Italian penal law.
Regarding the proceedings brought against Italian military personnel who had committed serious crimes against Somalis in the context of peacekeeping missions, including torture, an Expert wondered whether there had been independent investigations of those acts carried out in Somalia. The actual sentences handed down were ludicrous, given the seriousness of the actual crimes committed. There appeared to be clear impunity for such serious acts, and it was sending a message to others.
Response by Delegation
Regarding violence against women, the delegation said a law had been adopted punishing the crime of female genital mutilation with a penalty of 4 to 12 years' imprisonment. There had been about 20 cases brought under that legislation by women coming from Togo, Guinea, Somalia and Cameroon.
Concerning medical care and the situation in detention centres for aliens, the delegation stressed that all staff were civilians, and came either from non-governmental organizations or the Red Cross. The police did not have a role inside the centres, but maintained order outside of them. In Lampedusa, all civil society bodies were allowed free access to such centres to provide services to individuals there.
On refoulement, the delegation said it was important first to distinguish between refoulement and expulsion. Expulsion was possible for foreigners trying to enter the country without proper authority, for example, without a passport. Refoulements were possible in cases, for example, where individuals were found to be a threat or dangerous by the security authorities, or for criminals who had entered the country illegally.
The procedures used in Lampedusa were done in full respect for human dignity and human rights, the delegation insisted. The authorities interviewed the clandestine arrivals to try and determine their country of origin and their situation. Unaccompanied minors were entrusted to local families selected by the authorities. For the Lampedusa arrivals any refoulement was decided on an individual basis. As far as Libya was concerned, agreements with Libya provided for the refoulement of Egyptians to Libya so that they could subsequently transit on to Egypt.
Concerning joint flights, those were not "collective expulsions", the delegation explained. A directive on that subject had been issued to allow for that practice.
The delegation noted that there was also the practice of voluntary and assisted repatriation, in which the individual received assistance both to return home, as well as after their return.
Regarding training for police, the delegation said that the State Police received basic training at the beginning of their career, which included 20 to 60 hours of specific human rights training. In addition, refresher courses were mandatory, such as ethics courses for police staff, highlighting the UN Code of Conduct, for example.
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